Washington Code 59.18.390 – Forcible entry or detainer or unlawful detainer actions — Writ of restitution — Service — Tenant’s bond — Notice
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(1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter. After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. The writ of restitution and the notice that accompanies the writ of restitution required under RCW 59.18.312 shall conspicuously state in boldface type, all capitals, not less than twelve points information about partial payments as set forth in subsection (2) of this section. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he or she shall be unable to find the tenant, an agent or attorney, or a person in possession of the premises, by affixing a copy of the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ. The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.
Terms Used In Washington Code 59.18.390
- Landlord: means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. See Washington Code 59.18.030
- Person: means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Washington Code 59.18.030
- Premises: means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant. See Washington Code 59.18.030
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) The notice accompanying a writ of restitution required under RCW 59.18.312 shall be substantially similar to the following:
IMPORTANT NOTICE – PARTIAL PAYMENTS
YOUR LANDLORD’S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE EVICTION WILL BE POSTPONED OR STOPPED, IT IS YOUR RESPONSIBILITY TO PROVIDE A COPY OF THE AGREEMENT TO THE SHERIFF. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION.
[ 2019 c 356 § 8; 2011 c 132 § 19; 1997 c 255 § 1; 1989 c 342 § 11; 1988 c 150 § 3; 1973 1st ex.s. c 207 § 40.]
NOTES:
Intent—2019 c 356: See note following RCW 59.12.030.
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.